WANCHOO, C. J.:-

This is an appeal by Bhanwarlal in a case under the Indian Succession Act. It came up before a learned Single Judge for decision, and as the points involved were of great importance and complexity, he referred the case to a larger Bench.

2. The facts, which led to this appeal may be briefly narrated. One Kishanlal was a flourishing business man and died in Kuchaman on 8-1-1952. An application was made on 14-10-1952 by his widow Mst. Mangibai for grant of succession certificate with respect to certain monies due to Kishanlal which were lying in certain banks. A little later, on the 6-12-1952, the present appellant Bhanwarlal also made an application for grant of succession certificate claiming to be the adopted son of Kishanlal deceased. He also filed objections to the grant of succession certificate to Shrimati Mangibai on the ground that he being the adopted son had a preferential claim. The two applications were tried together by the Senior Civil Judge, Merta. There is no dispute that Shrimati Mangibai is the widow of Kishanlal. There was, however, serious dispute to the claim of Bhanwarlal to be the adopted son of Kishanlal deceased. Evidence, therefore,